It came as it was revealed that Lucio and her children struggled through poverty. hide caption. As The Intercept has previously reported, Farley was unequivocal in testifying that she knew right away that Mariahhad been murdered. Her lawyers say Lucio's history of sexual and physical abuse led to her giving an unreliable confession. But at least four of those jurors now agree Lucio should get a new trial, given the new evidence and testimony they didn't see. The lawmakers visited Lucio to update her about their efforts to stop her April 27 execution. AMERICA continues to hold its breath over the fate of mother Melissa Lucio who was found guilty of capital murder in the 2007 death of her daughter Mariah. He has spent his entire adult life fighting for her release. A three-judge panel of the U.S. Court of Appeals for the 5th Circuit reviewed Lucio's case and overturned it, finding that she had been denied the opportunity to present a full defense at her trial and that a new trial was warranted. . Lucio was pregnant with twin boys at the time of Mariah's death and when she was interrogated. "While there is great optimism in some regards because of the support and because it seems to be resonating with so many people, that she has a compelling claim of innocence and just the injustice that would happen if this execution goes forward," Potkin said on Wednesday. In 2007, Lucio's daughter Mariah passed away after sustaining injuries during a fall down a flight of stairs. Melissa Lucio has given birth to 14 children. Mariah is in my heart today and always.. "She is not guilty of the death of my baby sister.". Toon had been the inmate librarian at the Mountain View prison unit where Texass female death row prisoners are housed, and shed gotten to know Lucio over the years. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to theInnocence Project. Or sleeping well. Lucio and her team had raised nine claims with the appeals court, four of which were remanded to the trial court. When the news broke, the small crowd gathered outside the governors public reception room at the Texas Capitol erupted with cheers: The states Court of Criminal Appeals had stayed Melissa Lucios impending execution. But lawyers and others of Melissa's supporters say she was made to make statements under duress. Melissa Lucio is a convicted criminal who had killed her own 2-year-old daughter as per a report by Murderpedia. I even told her myself that I consider her my best friend. Police blamed Lucio for . As a poor woman of minority background living in south Texas, she had no money to hire a lawyer and was instead given a court-appointed attorney, who made errors that resulted in an unfair trial, Melissa's current lawyers have said. "Do it real hard," he said. According to the state, Lucio, then a mother of 12 who struggled with drug addiction, had beaten her toddler to death in February 2007. But many doubt Lucio's guilt and call into question the fairness of her trial. Campaigners took up Melissa's cause as one of a miscarriage of justice. Two days later, she could not be woken from a nap and was pronounced dead at the hospital. But jurors didn't hear testimony from any of Lucio's kids. Melissa Lucios personal life remained in the dark for many years until the death of her daughter and she was sentenced to jail. . AMERICA continues to hold its breath over the fate of mother Melissa Lucio who was found guilty of capital murder in the 2007 death of her daughter Mariah. According to a lawyer on Lucio's appellate defense team, Melissa is innocent. That includes the medical examiner who Lucios application says conducted Mariahs autopsy, ignored indications that Mariahs fatal condition had another cause, and testified the injuries could only have been caused by abuse without exploring the fall down the stairs two days before. On April 25, 2022, the Texas court granted a stay of execution and directed the Cameron County 138th Circuit Court to review Lucios case with new evidence of her innocence regarding the death of her daughter Mariah. Lucioss life was not as simple and smooth as other childrens. Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. Melissa Lucio is a cochina asquerosa who, over many years, created the horrifically abusive conditions and allowed her innocent baby to die. Potkin says it's now recognized that "having a trauma history such as Melissa had, being a survivor of sexual abuse and domestic abuse, is a risk factor and vulnerability during custodial interrogation for false confession.". Although the official documents state that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. Gilman questioned why the CPS was trying to permanently revoke Lucio's . At the time, the family lived in a small two-bedroom, second-floor flat. Calls for mercy grow days before Melissa Lucio is set to be executed, I am grateful the Court has given me the chance to live and prove my innocence, Lucio said in a statement. Research says Mariah was physically abused, and people like Ms. Lucio often agree to conditions they never condemned while under tremendous pressure from the majority of people. Im hoping its not the same evidence Mr. Villalobos had. 2:03 PM EDT, Tue April 26, 2022, Texas court grants stay of execution for death row inmate. But minutes before the boards decision was anticipated, the Texas Court of Criminal Appeals issued its ruling. There is significant evidence of her innocence that no court, no fact finder has ever considered. According to Lucio, she was once sexually abused by her mothers boyfriend. To see all content on The Sun, please use the Site Map. Who would hold party elites accountable to the values they proclaim to have? The children are featured in Van Tassel's documentary, as is original interview footage from the time of Lucio's arrest. Selina, the fifth of Lucio's 14 children, initially came forward on TikTok back in 2021 after the release of "The State Of Texas vs. Melissa," a documentary on Hulu that covers the case and . Director of The State of Texas vs. Melissa, Sabrina Van Tassel argues for Melissa Lucio's retrial. "Or were you a frustrated mother who just took it out on her for whatever reason?" Protestors outside the Cameron County Courthouse advocate to overturn Melissa Lucio's death sentence. After Toon was released from prison, she remained in touch with Lucio. Although the official documents say that Lucio was born in 1968, her relatives and closest members say that she was born in 1969. Melissa Lucio holds her daughter Mariah in this undated photograph. On the other hand, Lucio said that she was pressured to have false statements regarding the allegations. Lucio was married at the age of 16 and gave birth to five children with her husband, who constantly abused Lucio throughout their relationship. Before her execution was stayed amid the emergence of new evidence, BBC spoke to her family and supporters. But for us, whats clear is that theres a recognition by the court that something is wrong and needs to be fixed.. And certainly, the court system.. The daughter, who was a toddler at that time, had to go through a physical disability and was unstable while walking. As per the data, Melissa Lucio is only 5 feet 2 inches tall. The courts order sends the case back to Cameron County, where the trial court will be tasked with considering evidence on four claims that cut to the heart of the states case against Lucio. According to the reports, she has gone through a continuous and repetitive highly abnormal level of vulnerability. Potkin said Lucio was . In an interview with the Texas Observer, Tivon Schardl, a lawyer on Lucio's appellate defense team, called her case "as clear a . At the time of Lucio's trial, Villalobos was running for reelection against a challenger who criticized him for not thoroughly investigating or prosecuting charges of child abuse. "There is significant evidence of her innocence that no court, no fact finder has ever considered," Potkin says. Melissa Lucio is scheduled to be executed next week for a crime she says she didn't commit one that may not have even occurred. VideoRecord numbers of guide dog volunteers after BBC story. Shortly after the court delivered the stay, state Rep. Jeff Leach called Lucio. His younger siblings were taken in by cousins, and many did well after leaving school. Published Texas Court of Criminal Appeals has granted a request to stay the execution of Melissa Lucio. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ). She was convicted 14 years ago of murdering her 2-year-old . But when the medical examiner saw the toddler's body covered in bruises, it was ruled child abuse, and investigators zeroed in on Lucio. Melissa Lucio was born on July 18, 1968 in Lubbock, Texas. The legal team also addressed lingering questions about whether Saenz would even be eligible to retry Lucio. By signing up, I agree to receive emails from The Intercept and to the Privacy Policy and Terms of Use. Her legal team, including attorneys from the federal public defender office in Austin and the Innocence Project, had filed a clemency petition with the Texas Board of Pardons and Paroles, asking them to recommend that Gov. The fact that Lucio was granted a stay at all is also relatively unusual; the Court of Criminal Appeals rarely sticks its neck out to pause the states machinery of death. In a phone call on Monday, Johnny Galvan, one of several jurors who supported Lucios clemency petition, expressed relief upon hearing that the court had stayed Lucios execution. I know she's innocent.' . It was fitting that Leach would deliver the news. In shock and grieving the loss of her baby the youngest of her 12 children at the time Ms. Lucio was taken into police custody and immediately blamed for her daughter's death. Former Cameron County . On Monday, the CCA ordered Garcia to either recuse herself or have another judge rule on her disqualification within three days, Schardl explained. He and Moody also convened a committee hearing to question Cameron County District Attorney Luis Saenz, who had requested Lucios execution date. How many covert wars, miscarriages of justice, and dystopian technologies would remain hidden if our reporters werent on the beat? The trial court in Brownsville will hold proceedings to hear the evidence of Lucios innocence, Tivon Schardl, one of Lucios attorneys and the chief of the federal public defenders capital habeas unit in the Western District of Texas, said in a news conference Monday. hide caption. Melissa Lucio was repeatedly raped as a child, became a child bride at 16 and had 14 children to two abusive partners (The State of Texas vs. Melissa/ Hulu/ Sabrina Van Tassel) Lucios life wasnt as easy and smooth as other childrens. She is scheduled to die by lethal injection on Wednesday. Save my name, email, and website in this browser for the next time I comment. She was sexually abused by one of her family members (her mothers boyfriend) at the age of 6. Mondays ruling followed months of work by Lucios attorneys, including those from the Innocence Project, and mounting calls for mercy. Those documents, her lawyers argue, support Lucios claim that Mariahs health had deteriorated after falling down the stairs. Please enter valid email address to continue. The state says Lucio beat her daughter to death. During Lucio's 2008 trial, prosecutors claimed she beat her daughter Mariah to death. Your effort and contribution in providing this feedback is much CNN has reached out to prosecutors for comment. Lucio had already spent five hours that night, in February 2007, answering questions about the death of her 2-year-old daughter, Mariah Alvarez. Lucio sobbed Monday upon hearing the news she would not be put to death Wednesday, according to an audio recording obtained by CNN. Ultimately, the two women hooked up with Abraham Bonowitz, executive director of Death Penalty Action, who had organized a campaign around Lucios case across Texas and beyond. She is the mother of 14 children, including Mariah. Photograph: The Guardian. This dental device was sold to fix patients' jaws. Lucio is set to be executed on April 27 for the 2007 death of her 2-year-old daughter Mariah. Texas state Rep. Jeff Leach via AP A pathologist interviewed by The Intercept says the medical examiner who conducted Mariah's autopsy jumped to conclusions and ignored evidence that Mariah died due to an accident. Melissa Lucio, who maintained her innocence for nearly 14 years, was immediately taken under interrogation and was asserted nearly 100 times until she was manipulated by the police officers to take the responsibility for Mariahs injury. In an undated photo, Melissa Lucio is pictured with one of her young children. "No.". Lawyers for Lucio have expressed optimism that a new trial would ultimately exonerate their client. hide caption. "Are you a cold-blooded killer?" Texas mother Melissa Lucio, who was convicted in the death of her two-year-old daughter Mariah, is scheduled to be executed April 27. At the age of 16, she turned into a child bride but again had to face abusive marriage. Son Bobby Alvarez, who was seven when his little sister died, described how he cried every night wanting my momma back after she was taken away. John Oliver, the comedian, featured the case in a segment on wrongful convictions on his HBO news programme last month, and Kim Kardashian earlier this month tweeted a letter to the Texas governor signed by nine of Melissa's children pleading for her life to be spared. The detective handed Melissa Lucio a plastic doll and asked her to spank it. She refuted Gilman's claims that some of Lucio's older children were unruly and hard to handle by foster parents. The lawyers asked the court to block the execution and send the case back to the lower court for further scrutiny and ultimately, a new trial. The idea that the office mightve engaged in legal trickery to invigorate their case against Lucio is hardly surprising; then-District Attorney Armando Villalobos was trying to rehabilitate his reelection campaign amid allegations of corruption, and he was up against a challenger who had taken him to task for failing to prosecute child abuse cases. April 28 2022, 3:00 a.m. Melissa Lucio's loved ones react to her stay of execution during a press conference in Gatesville, Texas, on April 25, 2022. Prosecutors at her . Just two days before Melissa Lucio was scheduled to be to be put to death, a Texas court on Monday halted her execution and sent her case back for review. The former Cameron County district attorney recently spent several years in federal prison for bribery and extortion. Ms. Lucio's passive and apparently flat demeanor is best explained by her history of repeated sexual, physical, and emotional abuse since childhood.". Her second life partner continued to rape her and threatened her with death. Everybodyknows who she is., Liliana Segura[emailprotected]theintercept.com@lilianasegura, Jordan Smith[emailprotected]theintercept.com@chronic_jordan. Lucio is over 77 kgs or 170 lbs .The native of texas uses drugs very often and has been tested for cocaine earlier in her criminal offence. One of her other daughters, Adriana, stands at left. The lawyers also claim that the DAs office illegally withheld from Lucios trial counsel crucial documents generated by the states child welfare agency. Copyright 2023 CBS Interactive Inc. All rights reserved. Melissa Lucio with her children. We felt like David and Goliath, she said, as she and Luna did what they could to push Lucios case into the spotlight. SAN ANTONIO - The governor of Texas is under pressure to stop the planned execution of a mother convicted of killing her child. Get browser notifications for breaking news, live events, and exclusive reporting. According to the prosecutor, the injuries that were made to Mariah were the results of physical abuse while Lucios attorney says that the injuries were made to the daughter because she fell down the stairs two days before her death. ", First published on April 11, 2022 / 11:29 AM. What evidence would you have? More than a quarter of people exonerated by the Innocence Project in recent decades had confessed to the crime they allegedly committed, as Science reported. April 28, 2022 5:23 PM EDT. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. Melissa Lucio is the mother of 14 children, five from her first marriage and nine from her second, according to the Innocence Project. At the time of his mother's arrest, John was 17 years old. Discovery Company. 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, What to know about Shigella bacteria as drug-resistant strain spreads, Children plead to save mother from execution, Children say toddler's death was accident, plead to save mom from execution: "She's innocent". Mariah's body was riddled with bruises and the medical examiner automatically declared Mariah's death by homicide via child abuse. Moments later, he interrupted the interview. Babe, he said to Michelle, his voice filled with emotion. By Monday morning, there was a fair amount of speculation spreading among activists about what would happen; word was that the board had already made its decision and would make its announcement by early afternoon. She was sexually abused by one of her family members (her mother's boyfriend) at the age of 6. Moments after learning about her daughter's death, Melissa was questioned by the police for over five hours, without food, beverage or sleep. ? she exclaimed through tears. But she has always maintained her innocence, saying that the toddler had died from an accidental fall, not from "beating and torturing", as prosecutors in Texas claimed. Her lawyers argue that credible science demonstrates that Mariahs death was caused by an accident and that Lucio was sentenced to death for a crime that never happened. Melissa Lucio's high-profile fight to overturn her conviction for murdering her daughter has gained the support of politicians, celebrities and even members of the jury that originally sentenced . The appeals court order sends Lucios case back to her trial court in the 138th Judicial District in Cameron County, along the border with Mexico at Texass southernmost tip. Later, after receiving many letters, punishments, executions and defense statements from Lucios lawyer, Lucio was still being interrogated for the murder of her then youngest child of a total of 12 children born to her due to two marriages. ", Now, the power to save Lucio lies in the hands of Texas' Republican Governor Greg Abbott, the Board of Pardons and Parole, and the current Cameron County District Attorney, Luis V. Saenz, whose office said in a statement to CBS News: "A jury of (Lucio's) peers rendered to her a verdict. For 14 years, Lucio had been on death row for the 2007 death of her then-two year old daughter, Mariah. Who is Melissa Lucio? Texas death row inmate Melissa Lucio, dressed in white, leads a group of seven Texas lawmakers in prayer on April 6 in a room at the Mountain View Unit in Gatesville, Texas. In an undated photo, Melissa Lucio is pictured with one of her young children. Theyd also filed a petition with the Court of Criminal Appeals, arguing that new evidence undermined Lucios conviction. This site uses Akismet to reduce spam. At least for now. More on The Lone Star Plate www.lonestarplate.showSabrina . Yes, the ruling by the appeals court does nothing to modify Lucios sentence. We dont have ads, so we depend on our members 35,000 and counting to help us hold the powerful to account. He was accompanied by family members as well as Sabrina Van Tassel, the director of The State of Texas v. Melissa, who had traveled from Paris to witness Lucios execution. Without any legal representation, Melissa was fiercely interrogated by Cameron County TX police for 7 hours. Born July 18, 1968, Lucio, 53, is known as a convicted killer. Save my name, email, and website in this browser for the next time I comment. Upon examination, Mariah was found to be in a fetal condition, with various stages of bruising and injuries to her head and contusions to her kidneys, lungs, and spinal cord. I think she should be allowed to live as long as she does not have the possibility of parole. That is our criminal jurisprudence system and it is working., The notion that Saenz would be eager to retry Lucio rather than drop the charges offended Death Penalty Action activist Charles Keith, who spent the past several months traveling to the Cameron County courthouse in Brownsville. But the attention the case has garnered helped spotlight the earlier errors in the trial and win a halt to what would be the first execution of a Hispanic woman carried out in Texas in modern times. Lucio, a mother of 14, has been on Texas death row since 2008, when she was convicted in the murder of her 2-year-old daughter the prior year. And if he didnt have none 15 years ago, you dont have any today.. Consider what the world of media would look like without The Intercept. Lucios lawyers argue that Dr. Norma Farley, the forensic pathologist who autopsied Mariah, misled the jury when she insisted that Mariahs injuries could only have resulted from a fatal beating. She is the mother of 14 children, including Mariah. Thats what brought Luna and Toon to the Capitol on April 25. The detective handed Melissa Lucio a plastic doll and asked her to spank it. She was convicted of capital murder following the death of her two-year-old daughter, Mariah, who was discovered to have scattered bruising in various stages . During the five-hour-long interrogation, officers berated and . The Texas Board of Pardons and Paroles Clemency Office declined to comment, and Abbott didn't return a request for comment. But she, her family and attorneys say she is innocent and was wrongfully convicted of capital murder. The lawyers also argue that Farley deployed junk science, including testimony about an alleged bite mark on Mariahs back, to bolster her insistence that Mariah had been abused. ", "Everything," he replied. Evidence that could have helped Melissa, such as the testimony of expert witnesses and her other children, was not admitted into the original trial. "I'll make a decision once it comes to me," Abbott told KRGV, an ABC News affiliate in the Rio Grande Valley. 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